Declarations of Disclosure in Temecula Divorce

The Declarations of Disclosure are sets of forms and information required by each party to submit to the other in ALL divorce, legal separation and annulment cases. The “preliminary” declaration of disclosure is required to be submitted within several months of the commencement of the action, and the “final” declaration of disclosure are served at the end of the case before trial, unless both parties mutually waive the disclosure.

Our office has been involved in the preparation, review, and litigation concerning declarations of disclosure. These disclosures are extremely important in any divorce case because they provide the foundation for settlement, impeachment of the other party for lying about their assets, debts, income or expenses, and for litigation of just about every issue that is likely to be involved in a divorce case.

The Declaration of Disclosure consists primarily of two forms, the Schedule of Assets and Debts and the Income and Expense Declaration. The Schedule of Assets and Debts requires the person completing the form to provide the following information about assets and debts:

The type of asset

The account number of the asset, if any

The value of the asset as of the date the person completes the form

The amount of debt associated with a particular asset

The date of acquisition of the asset or debt

The types of assets and debts covered by the form include:

Real property

Personal property including electronics, furniture, etc.

Art and jewelry

Vehicles including boats

Bank and investment accounts

Retirement accounts including 401k, stock options, pensions, etc.

Cash

Tax refunds

Business interests

Credit card debt

Student loans

Promissory notes owed and collectible

The Income and Expense Declaration is a form that provides information as the form suggests. The types of information that is required on this form includes:

Age and place of employment

Job title and number of years employed

Education and vocational training

Tax filing status and exemptions

Average monthly salary or wages

Overtime, vacation pay, etc. averages

Commissions, bonuses, etc.

Rental and investment income

Business income

Net value of assets

Explanation of change of income

Liquid assets

Monthly expenses

Amount of attorney fees paid

Information about child custody

Health insurance company information.

Are the Declarations of Disclosure Filed in Court?

Not by the party filling out the forms. The only document filed is called the Declaration Regarding Service of Declaration of Disclosure, which is basically just a proof of service that says that the documents were mailed or hand-delivered to the opposing party or their attorney of record. However, the other party may wish to use a party’s disclosures against them in court and may file them for that purpose. For example, if spousal support or child support is an issue at a hearing and one party has previously provided false information on their Income and Expense Declaration for example, the other party would submit that document to the court along with “rebuttal” evidence to show that the disclosure made by the party was either false or misleading.

What Other Information is Served for the Preliminary Declaration of Disclosure?

Form FL-140 provides the requirements for the additional information needed for a preliminary or final declaration of disclosure. The required information in addition to the completed Schedule of Assets and Debts and Income and Expense Declaration includes:

Tax returns for the past two years

A statement of all material facts and information regarding the value of all assets that are community property or partly community property

A statement of all material facts and information about community obligations

A written disclosure of any business opportunity, business interest, or investment that was presented since the date of separation but that resulted from an opportunity that arose during marriage.

Notably, there is a “Property Declaration” form that may be used instead of a Schedule of Assets and Debts. However, if you complete the Property Declaration you will have to complete two such forms, one for community property and one for separate property. It is slightly more cumbersome than just completing the Schedule of Assets and Debts.

Can Service of the Preliminary Declarations of Disclosure be Waived by the Parties to a Divorce?

No.

For more information about declarations of disclosure, contact our office today. If you believe your spouse has not been truthful in their declarations of disclosure, definitely contact our office immediately and read this page about discovery.